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HomeMy WebLinkAboutS Purchasing - Walnut Grove Church Property License to Use as Pasture Lewis & Faye Crabtree~ ^ ~K RETURN THIS COPY TO THE CLERK'S _ o OFFICE FOR THE PERMANENT AGENDA FILE ~ ~~, °: ~ -_;I1"~AL SIGNATURES North Carolina Orange County Ck.~PY ~~®•-~-~r-;-------". FIST. d (~(% License Agreement This License Agreement is made effective as of this the ~~ay of .~,b~A 2007, by and between the COUNTY OF ORANGE, NORTH CAROL A, a body politic and corporate, a political subdivision of the State of North Carolina, having an address of P.O. Box 8181, Hillsborough, North Carolina 27278, hereafter referred to as Licensor, and Lewis W. Crabtree and Faye Crabtree of 3415 Highway 86 North, Hillsborough, North Carolina 27278, hereinafter referred to collectively as Licensee. WITNESSETH: WHEREAS, Licensor and Licensee have entered into that certain "Offer to Purchase and Contract-Vacant Land" executed by Licensee on December 4, 2006, whereby Licensor will purchase real property bearing Orange County PIN 9867-41-.9070 and containing 18.13 acres more or less (the "Property") from Licensee; and WHEREAS, Licensor intends to use a portion of the Property as further described on Exhibits A & B for the processing and storage of storm debris (the "Storage Area"), should the need for such storage arise; and WHEREAS, until or unless the need for storage of storm debris arises the portion of the Storage Area will be unoccupied by Licensor; and WHEREAS, Licensee desires to fence off the Storage Area and use the same as a cattle pasture until such a time as the Storage Area is needed for the processing and storage of storm debris; and WHEREAS, Licensor desires to allow Licensee to fence off the Storage Area and use the same as a cattle pasture until such a time as the Storage Area is needed for the processing and storage of storm debris. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, the parties hereto mutually agree upon the following terms, provisions, and conditions: SECTION ONE GRANT OF LICENSE: DESCRIPTION OF PREMISES Licensor hereby grants to Licensee a license to occupy and use, subject to all of the terms and conditions of this Agreement, the property described on Exhibits A and B attached hereto. SECTION TWO LIMITATION TO DESCRIBED PURPOSE The above described property, referred to herein as the Storage Area, may be occupied and used by Licensee solely for pasturing cattle and for incidental purposes related to such purpose during the period beginning on the Closing Date of the Property, and continuing until this Agreement is terminated as provided herein. Licensee shall at all times use their best efforts to use the property in a manner satisfactory to Licensor. Nothing in this Agreement shall interfere with the rights of Licensor to sell or lease all or any part of the Property at any time. SECTION THREE PERIODIC PAYMENTS Licensee shall pay Licensor for this license at the rate of Ten Dollars ($10.00) per year payable in advance. The first payment shall be made on or before the date of the beginning of the period specified above. Subsequent payments shall be made in advance promptly on the yearly anniversary of the Closing Date thereafter during the continuation of this Agreement. SECTION FOUR TERMINATION A. Either party may terminate this Agreement at any time, without regard to payment periods by giving written notice to the other specifying the date of termination, such notice to be given not less than ten (10) days prior to the date specified in such notice for the date of termination. B. If a natural disaster or other event necessitates that Licensor begin processing or storing debris on the Storage Area, then this Agreement shall immediately terminate upon the delivery of notice of termination to Licensee or by posting such termination notice on the Storage Area. C. If Licensee shall make an assignment for the benefit of creditors, or be placed in receivership or adjudicated bankrupt, or take advantage of any bankruptcy law, Licensor may terminate this Agreement by giving written notice to Licensee, specifying the date of termination, such notice to be given not less than one (1) day prior to the date specified in such notice for the date of termination. 2 SECTION FIVE APPORTIONMENT OF PAYMENTS ON TERMINATION. A. On any termination of this Agreement, Licensor shall apportion, on a yearly basis, the Ten Dollar ($10.00) fee paid in advance from and including the first day of the year during which the Agreement is terminated to and including the day on which the Agreement is terminated, and the Licensor shall refund to the Licensee the unearned portion of such fee; provided, however, that no refund shall be given if such refund due under this Section is in an amount less than Five Dollars ($5.00). B. On any termination of this Agreement Licensee, shall quit the Storage Area, and shall remove from the Storage Area all properly installed in, on, or attached to the above-described property. C. Any termination of this Agreement, however caused, shall be entirely without prejudice to the rights of Licensor that have accrued under this Agreement prior to the date of such termination. SECTION SIX COMPENSATION FOR DAMAGE Licensee further agrees that they will compensate Licensor for any and all damage that may be done to the Storage Area or the Property in carrying out the purpose described in Section Two of this Agreement. SECTION SEVEN INSURANCE Licensee agrees at all times to carry adequate liability insurance on the Storage Area for the benefit of Licensor and Licensee as their interest may appear, in an amount of not less than Three Hundred Thousand Dollars ($300,000); and to pay the premiums for such insurance and furnish Licensor with certificates from the insurance companies for the above policy, such insurance company to be acceptable to Licensor. It is specifically agreed that, if Licensee fails to obtain the insurance specified above, Licensor may terminate this Agreement. SECTION EIGHT INDEMNIFICATION OF LICENSOR Licensee shall exercise their privileges under and pursuant to this Agreement at their own risk, and irrespective of any negligence of Licensor, Licensee shall indemnify and hold Licensor harmless from and against any and all liability for damages, costs, 3 losses, and expenses resulting from, arising out of, or in any way connected with, the occupation, use, or any means of ingress to or egress from the Storage Area by Licensee, or the Licensees, invitees, or guests of Licensee, or the failure on the part of Licensee to perform fully all of Licensee's promises contained in this Agreement. Licensor shall not be liable to Licensee if for any. reason whatsoever Licensee's occupation or use of the Storage Area under and pursuant to this Agreement shall be hindered or disturbed. SECTION NINE INSTALLATION, MAINTENANCE AND REMOVAL OF FENCE Licensee, and Licensee's sole expense, shall construct and maintain a good and sufficient fence around the Storage Area for the purpose set forth in Section Two in locations to be mutually agreed on by authorized representatives of the parties. Licensee shall obtain approval from Orange County as to the type and height of the fence prior to constructing the same. Licensee shall access the Storage Area from property owned by Licensee. Licensor shall be provided keys to any gate(s) that are installed on the Storage Area. Licensee agrees that any such fencing will be installed in a manner as to insure that they are safe, neat and functioning at all times. Licensee will maintain, service and repair and keep the fence in good working order at all times. Licensee assumes all responsibility for the repair and proper function of the fencing. Licensee shall remove any such fencing from the Storage Area within fifteen (15) days from the written notice to Licensee regarding the same. Upon receipt of notice from Licensor pursuant to Section 4.B., Licensee shall immediately remove and deconstruct the. If Licensee fails to immediately remove the fence upon receipt of notice to do so from Licensor, Licensor may do so at Licensee's expense. SECTION TEN NO BUILDINGS OR STRUCTURES Licensee shall not erect any permanent buildings or other structures (other than the fencing described in Section Nine of this Agreement) on the Storage Area, or erect or having erected or installed, permit to remain on the Storage Area any temporary structures, fixtures, shelters, attachments or other things attached to or being on such Storage Area and placed thereon by Licensee or the guests, invitees or Licensees of Licensee. Licensee agrees that their use of the Storage Area will not cause or result in a violation of any Orange County Ordinance. SECTION ELEVEN PROTECTION OF TREES Licensee shall not cut, mutilate, or injure or permit any of Licensee's guests, invitees, or Licensees to cut, mutilate or injure any growing tress or shrubbery on the 4 Storage Area. Licensee shall not attach any fence or fencing materials to any trees or shrubbery. SECTION TWELVE REMOVAL OF PROPERTY On revocation, surrender or other termination of the permission granted by this Agreement, Licensee shall quietly and peaceably surrender the Storage Area in as good condition as such property was at the time of Licensee's entry on the Storage Area under this Agreement and shall remove all livestock, fixtures and equipment, and other items placed on such property by Licensee, and if Licensee shall fail to do so, Licensor shall have the right to make such removal at Licensee's expense, the amount of which expense Licensee shall pay to Licensor on demand, and, if Licensor shall so elect, it shall have the right to take possession of and appropriate to itself without payment therefore any property of licensee, or anyone claiming under Licensee, then remaining on the Storage Area. SECTION THIRTEEN NO LANDLORD-TENANT RELATIONSHIP OR PROPERTY INTEREST It is expressly agreed and understood that this Agreement shall not operate or be construed to create the relationship of landlord and tenant between Licensor and Licensee whatsoever. Licensee expressly agrees that they do not and shall not claim at any time any interest or estate of any kind or extent whatsoever in the Storage Area or the Property, by virtue of the rights granted under this Agreement or Licensee's occupancy or use under this Agreement. Licensee expressly agrees and understands that Licensor shall have the free and continual right to enter, inspect and occupy the Storage Area at any time during the term of this Agreement subject to the terms hereof. Nothing contained herein shall require Licensor to obtain permission or notify Licensee prior to entering the Storage Area. SECTION FOURTEEN MISCELLANEOUS It is agreed that this Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of North Carolina. This Agreement shall constitute the entire Agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either parry except to the extent incorporated in this Agreement. 5 Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each parry. Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. Licensee's privileges under this Agreement shall not be assignable by Licensee in whole or in part. In witness whereof, each parry to this agreement has caused it to be executed on the date first written above. LICENSEE: ~ , ~ .~~~ ~ ~..~~l.y-- (SEAL) ~LEWIS W. CRABTREE (SEAL) FAYE BTREE LICENSOR: By: COUNTY OF ORANGE, NQRTH CAROLINA Moses Carey, Chair Orange County Board of 6 EXHIBIT A BEGINNING at an existing monument found; said monument being located S 64° 23' 15" E 345.89' from GPS Control Point "A" (N=870953.681 feet, E=1965345.617 feet); thence from said beginning point N 87° 30' 43" W an estimated 505' to a point lying on the northern line of Faye K. Crabtree (DB 518/680); thence N 06° 15' S9" E an estimated 490' to an existing monument found (common corner with Ira Roland Wagner - DB 781/90); thence continuing N 06° 15' S9" E 264.69' to an existing monument found; thence S 87° 25' 26" E 407.67' to an existing monument found; thence S 00° 45' 15" E 332.36' to an existing monument found; thence S O1° 08' 46" E 421.18' to an existing monument found, said monument being the point and place of BEGINNING. 7